LWRCA not being applied on a Reclaim

Warren1999

Quick summary of my UC-LCWRA saga (for anyone who can sanity-check my understanding):

• June 2019 – Passed a WCA, placed in LCWRA; award said “next review in 17 months.”
• Sept 2022–Mar 2023 – DWP official-error overpayment (£13k) that I discovered, in which took me 2 times to report it because they didnt take me seriously the first time; its still being clawed back.
• Sept 2023–Apr 2024 – Each September my student-maintenance loan pushes my UC to £0 for 6 APs.
  • Apr 2024 reclaim: I reclaimed within hours of the nil award. LCWRA was reinstated automatically (no questions asked).
• Mar 2025 – Same thing: student income wiped out UC.
  • Reclaimed the very same day (well inside 6-month window).
  • This time LCWRA NOT reinstated.

DWP explanation (24 Apr 2025 journal entry):

“Your claim for LCWRA started 20/06/2019 and was due to be reviewed after 17 months. Because the review has not taken place the award can’t be auto-reinstated. If you still want LCWRA you must start the Work Capability process again.”

My counter-points:

1. LCWRA doesn’t “expire.” Under SSA 1998 s.10 + ADM F5 / PR v SSWP [2023] UKUT 290, a WCA review date is just a prompt; the determination stays valid until formally superseded.
2. Reg 28(3)(a) & (4)(b) UC Regs 2013 – if the previous award (with LCWRA) ended < 6 months ago because of income, the 3-month waiting period is dis-applied and LCWRA must be included from day 1 of the new award.
3. Reg 32A C&P Regs 2013 simply treats me as having made a new claim each month after a nil award; it doesn’t cancel my LCWRA status.
4. DWP even reinstated LCWRA in April 2024 under identical circumstances – so why not now?

Why this matters: My degree finishes in May; student funding ends; health issues (same ones that got me LCWRA) still require treatment; loss of LCWRA + £13k recovery leaves me with almost no income.

Current status: Waiting for a formal decision so I can request a Mandatory Reconsideration. Drafted my MR citing the regs above.

Does my reading of Reg 28 & the “no-expiry” rule stack up? Any tips before I fire off the MR / tribunal appeal?

Warren1999

I thought id just the explain the overpayment, it was caused because at my final year of my first university before covid (course got cancelled) and the first year of my second university after covid when giving my income to the DWP someone ticked the box to say that my student finance was not deductable income, i reported this two times and they only took me seriously the second time. Also they automatically radded my LWRCA in 2024 but not now, which makes no sense to me, could this also main another offical error has happened in 2024 due to them reinstating my LWRCA then?